- 24 - Reducing the risks of participating in tax shelters would encourage more taxpayers to run those risks, thus undermining rather than enhancing compliance with the tax laws.14 Sixth, petitioners argue that Cochran failed to balance efficient collection with the legitimate concern that collection be no more intrusive than necessary. We disagree. Cochran thoroughly considered this issue on the basis of the information and proposed collection alternative given to her by petitioners. She concluded that “the proposed levy action regarding the taxpayer represents the only efficient means for collection of the liability at issue”. While petitioners assert that Cochran did not consider all of their facts and circumstances, “including whether the circumstances of a particular case warrant acceptance of an amount that might not otherwise be acceptable under the Secretary’s policies and procedures”, sec. 301.7122-1(c)(1), Proced. & Admin. Regs., we find to the contrary. Cochran thoroughly considered petitioners’ arguments for accepting their 14 Nor does the fact that petitioners’ case may be “longstanding” overcome the detrimental impact on voluntary compliance that could result from respondent’s accepting petitioners’ offer-in-compromise. An example in IRM sec. 5.8.11.2.3 implicitly addresses the “longstanding” issue. There, the taxpayer invested in a tax shelter in 1983, thereby incurring tax liabilities for 1981 through 1983. He failed to accept a settlement offer by respondent that would have eliminated a substantial portion of his interest and penalties. Although the example, which is similar to petitioners’ case in several respects, would qualify as a longstanding case by petitioners’ standards, the offer was not acceptable because accepting it would undermine compliance with the tax laws.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011